JAGANNATH SADANGI Vs. SAMBARI SOURANI

JUDGEMENT

(1.) ORDER :- This is a petition under S.482 of the Code of Criminal Procedure ('Code for short') to quash the Order dated 7-2-1987 passed by the learned Sub-Divisional Judicial Magistrate, Gunupur, taking cognizance of an offence under S.354, I.P.C. against the petitioner.

(2.) Facts may be stated in brief. The petitioner is the Officer in charge of the Gudari Police Station. In connection with investigation of a complaint case, registered as 1 C.C. No. 13 of 1986 under S.326, I.P.C. in which the learned Sub-Divisional Judicial Magistrate had called for a report, opposite party Sambari Sourani, a young girl and some other witnesses named, Sudhir Kumar Pujari, Narayan Rao, P. Dharma Raju and Geli (mother of the opposite party) were called to the Police Station at about 4 p.m. on 13-5-1986. When they arrived at the Police Station, the opposite party and her mother were made to sit inside the front room and the other witnesses were asked to sit on the verandah. Except the petitioner, the opposite party and the above named persons, no one else was present at the Police Station. The petitioner called the opposite party to a side room for the purpose of taking her statement and once she was inside, he made her naked by pulling her wearing saree and blouse and attempted to commit sexual intercourse with her. She protested and cried for help hearing which the other witnesses rushed inside the room. On seeing them, the petitioner left her and threatened all of them with dire consequences if they would ever disclose the incident. Thus the petitioner outraged her modesty and therefore, she filed a complaint petition before the learned Sub-Divisional Judicial Magistrate on 14-5-1986.

(3.) The learned court below directed an enquiry under S.202 and passed an Order on 12-9-1986 holding that the opposite party had no prima facie case and so he dismissed the complaint petition under S.203 of the Code. Thereupon, the opposite party filed Criminal Revision No. 117 of 1986 before the learned Sessions Judge. Jeypore who by his Order dated 3-1-1987 remanded the case to the learned trial Court for proper appreciation of the statements recorded in the enquiry under S.202 of the Code and for fresh disposal in accordance with law. After remand the learned trial. Court passed the impugned Order.